RUDOLPH KELLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
RUDOLPH KELLEY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
557 So. 2d 694
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We grant the Petition For Writ of Habe-as Corpus and grant unto Rudolph Kelley the right to pursue a belated appeal. This is done on the grounds of ineffective assistance of counsel by reason of the fact that the appointed Public Defender through inadvertence failed to file a timely appeal as requested by Kelley. See State v. Meyer, 430 So. 2d 440 (Fla.1983). .
GRANTED.
HERSEY, C.J., and DELL and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sherrill B. Turner v. State, 588 So. 2d 1042 (Fla. 5th DCA 1991)…ctive assistance of counsel in failing, through neglect, inadvertence, or error, to file a timely notice of appeal, thereby eliminating opportunity for direct review, granting of a belated appeal is warranted. State v. Meyer, supra; Kelley v. State, 557 So. 2d 694 (Fla. 4th DCA 1990). All attorneys, whether state supplied or privately retained, are under the professional duty not to neglect any legal matters entrusted to them. Meyer, 430 So. 2d at 443. However, the state asserts appellant’s trial counsel did…
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Rooney v. State, 632 So. 2d 212 (Fla. 5th DCA 1994)…l’s second failure to file a brief. In O’Riorden v. State, 611 So. 2d 623 (Fla. 4th DCA 1993), the court held that failing to timely file an initial brief was clearly below the norm of professionally acceptable performance. See also Kelley v. State, 557 So. 2d 694 (Fla. 4th DCA 1990). We grant the petition, reinstate Rooney’s appeal in this court’s case number 93-702 and relinquish jurisdiction to the trial court for a period of 30 days to appoint substitute appellate counsel. The newly appointed substitute…
Authorities Cited
- State v. Meyer, 430 So. 2d 440 (Fla. 1983)